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91 S.C. 5

73 S.E 1017

State v. Powell

Supreme Court of South Carolina

Decided March 12, 1912

Supreme Court of South Carolina · decided 1912-03-12

<p>Before DeVorE, J., Clarendon, Spring term, 1911.</p> <p>Indictment against S. D. Powell before Magistrate D. J. Bradhtam. Defendant appeals from Circuit order affirming magistrate judgment.</p> <p>cites: To convict for failure to perform road duty, what must he shown? Crim. Code 460; Code 1902, 1364, 1352, 1-35-3, 135-5, 1363, 1368. Prosecution must show nonexistence of negative: 20 Am. D-ig. Cen-. Ed. 114, 35, 78, 80; 1 Green. Ev. 45, 104, 106.</p> <p>cites: Exceptions relate to questions of fact and are not reviewable here: 38 S. C. 258; 36 S, C. 504; 73 S. C. 71; 71 S. C. 404.</p>

Cited by 2 later decisions — most recently March 1913

2 state decisions

Relies on Luther v. Wheeler · Lewis v. Atlantic Coast Line R. R.

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1912-03-12

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¶1 The opinion of the Court was- delivered 'by

Mr. Justice Watts.

¶2 This case was heard before magistrate Brad'ham on a warrant charging the defendant with failure to perform-, road duty, under1 sec. 46-0- o-f Criminal Code. The defendant was found guilty and sentenced. An appeal was1 taken to- -the Court o-f General- Sessions- and was heard by his Honor, Judge DeV-ore. The- judgment o-f magistrate’s court was- affirmed.

¶3 From- this order an appeal was taken to this- Court. Al-l of the exceptions relate to the testimony, and ar-e to the effect that- 'the- State failed to make o-ut its case, and that there was not sufficient testimony on which to- base a verdict, of guilty. This Court has repeatedly held that a finding of fact by the magistrate, affirmed b-y the Circuit Judge, cannot be reviewed by this Court, if there is any evidence to- support it. Seegers Bros. v. Seaboard Air Line Ry., 73 S. C. 83; 52 S. E. 797; 4 L. R. A. (N. S.) 746n; Lewis v. Railroad Co., 78 S. C. 35, 58 S. E. 989. There is- su-ch evidence here.

¶4 The judgment of the Circuit Court is- affirmed and case remanded for the purpose o-f executing sentence.

The ChiEE Justice and the other Justices concur in the result.
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